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Burke v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 285 (N.Y. App. Div. 1999)

Opinion

Submitted June 23, 1999

October 4, 1999

Appeals from an order of the Supreme Court, Suffolk County (McNulty, J.),


ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court properly rejected the claim of the defendant former husband that a decline in the income of his business warranted the elimination of his maintenance obligation and a downward modification of his child support obligation ( see, Matter of Dallin v. Dallin, 250 A.D.2d 847). The defendant did not meet his burden of establishing a substantial change in circumstances ( see, Klapper v. Klapper, 204 A.D.2d 518). Notably, although he contended that the alleged decline in his income resulted from various health problems he had been experiencing, he failed to submit any evidence to substantiate the existence of the alleged medical conditions ( see, Matter of Dallin v. Dallin, supra).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.


Summaries of

Burke v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 285 (N.Y. App. Div. 1999)
Case details for

Burke v. Burke

Case Details

Full title:PAMELA BURKE, respondent v. JOHN F. BURKE, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1999

Citations

265 A.D.2d 285 (N.Y. App. Div. 1999)
696 N.Y.S.2d 66

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